1151 C&p

[gwvet90]

Got C&P for 1151 claim -does that mean they agree VAMC at fault?

[Berta]

No- the fact they gave a C & P exam doesn't mean that- the results might though.

I have seen some VA doctors agree ,by documentation, to negligence by other VA doctors.

I experienced that when I won my FTCA wrongful death claim.

But it was a battle that took over 3 years.And lots of VA opinions went against the claim until I succeeded with a VA opinion that awarded the claim,because- unlike all of the other VA opinions, this one was based on all medical evidence of record.

The C & P you got was to determine if there was additional disability caused by any negligence.

It could be a supportive opinion to your claim. Hard to say.

It is so difficult to get a VA doctor to document any finding of VA malpractice that I highly recommend getting an Independent Medical Opinion if they deny the claim.

[gwvet90]

Thanks for your reply Berta,

They didn't address fault in the C&P report - could my civ Dr records be enough to prove fault?

The C&P only addressed disability - ROM = 0 , pain scale 7/10 , gate antalgic

[Berta]

Would the civilian doctor be able to state this in a formal Independent Medical Opinion?

I hope VA has his records but still-they do not look for evidence of malpractice-the claimant or an IMO doctor has to spell it all out for them.

The doctor has to state what negligence occurred by referencing the specific medical records, and then state what additional disability the negligence caused.

In my Section 1151 claim I had to send VA the med recs that showed my husband had heart disease by EKG in 1988 and was supposed to be given further cardiac testing.They never mentioned his EKG or any further tests.He had collapsed at the VA and they sent him home with Sudafed for a sinus condition.

After his death I found an ECHO and further EKGs-all indicating heart disease.I found a sinus xray that revealed his sinuses were clear but VA had continued the sudafed for 6 years.

The VA Cardiologist who had performed these tests had told me that "nothing" was wrong with his heart.

His autopsy clearly revealed a myocardial scar (the 1988 "sinus" episode) and significant heart disease.

With this documented VA medical evidence of heart disease and the autopsy , I was able to prove that VA caused to his death.

It takes the specific documentation of medical negligence or malpractice, and the documented results (additional disability or death) of what the malpractice caused for VA to award a Section 1151 claim.